Information for Accused

If you are a student at Las Positas College (LPC), and you have been accused of sexual
harassment, sexual violence or other gender-based harassment it is important that
you read the following information. Although not intended to be a comprehensive explanation
of your options and rights, this information may be useful to you.

Sexual harassment, sexual violence and other gender-based harassment occurring in
the college setting implicates a federal law called Title IX of the Higher Education
Amendments of 1972, which prohibits discrimination on the basis of sex in education
programs or activities and which triggers certain responsibilities on the part of
the college. Las Positas College (LPC) has a Title IX Coordinator who can help explain
the college’s responsibilities in these cases. The Title IX Coordinator is Dr. Jim
Gioia, 925.424.1508.

LPC is committed to maintaining a positive learning, working and living environment.
The college will not tolerate acts of sexual harassment or sexual violence or related
retaliation against or by any employee or student. When sexual harassment or sexual
violence has occurred and is brought to the attention of a responsible administrator,
steps will be taken to end the harassment or violence, prevent its reoccurrence, and
address its effects.

Within the college’s processes, the person making the allegations is referred to as
the Complainant. The person who the allegations have been made against is referred
to as the Respondent.A complainant who wishes to report sexual harassment, sexual
violence or other gender-based harassment may report their complaint directly to the
Title IX Coordinator. A complainant may also report directly to law enforcement. If
the incident happened on campus, you may contact the Campus Safety Department or the
Student Health and Wellness Center. If a report is initially made with the Student
Health and Wellness Center, authorized personnel may refer cases to the Title IX Coordinator,
but only with the victim’s consent. A complainant may pursue both the campus process
through the Title IX Coordinator and the criminal process simultaneously. In addition,
students may file a Title IX complaint with the Office for Civil Rights of the U.S.
Department of Education.

The Title IX Coordinator has authority to address complaints of sexual harassment
and sexual violence in a non-criminal context. This campus process is completely separate
from the police and courts. Within Las Positas College, the identity of the respondent
determines which of the two offices handles the case. When the respondent is a student
at the time of the incident, the Title IX Coordinator provides a student conduct process
for investigating those cases whether they occur on or off campus. For cases where
the respondent is an employee, those cases are handled by the Human Resources Department,
who may also be involved with the Title IX Investigative Team. When the respondent
is both a student and an employee, the two offices may work together to resolve the
case. If you are uncertain about which office to contact you may call either office.
When the respondent is neither a student nor employee at Las Positas College, the
college can still assist you with counseling and other support services—contact the
Student Health and Wellness Center for these services.

The Title IX Coordinator will review the allegations and determine an appropriate
course of action. Some cases can be handled informally and outside of the formal investigative
process, although the college will not mediate cases of sexual violence even on a
voluntary basis. For cases that result in an investigation, those investigations are
conducted by individuals who have received specialized training in those types of
investigations. All investigations will be conducted in a thorough and neutral manner.

When the college becomes aware of sexual violence, the college may have an obligation
to proceed with an investigation, regardless of a complainant’s wishes, in order to
ensure campus safety.

In the college’s process, the complainant and respondent will not be permitted to
directly question each other and are not required to be present together at any point.
Both a complainant and a respondent have the right to identify witnesses and provide
other information relevant to the investigation. The college will decide the case
based on a preponderance of the evidence standard (whether or not it is more likely
than not that the conduct occurred).

In most cases, the college will not wait until a criminal case is resolved before
proceeding with the case. In addition, if a college official has a reasonable belief
that a crime has been committed, she or he may be obligated to report that to law
enforcement if police have not already been notified. In cases where a police investigation
has been conducted or is being conducted, law enforcement may be able to provide some
information to the Title IX Coordinator with the victim’s consent. The college’s fact-finding
investigation may be delayed for a short period of time upon a request from law enforcement,
but will be resumed as soon as possible. Most sexual violence or sexual harassment
investigations conducted through the Title IX Coordinator takes up to 60 days to be
resolved, depending on the complexity of the case and the number of parties involved.
The college will keep a complainant advised as to the status of the case as the complainant
desires and as is reasonable. The complainant will be informed of the outcome of the
case in writing.

Because the school’s primary concern is student safety, minor alcohol and drug violations
by a complainant may be handled informally. If a complainant is underage and reports
a sexual assault incident where alcohol and drugs were used, the complainant will
not get in trouble. The use of alcohol or other drugs never makes the victim at fault
for sexual violence. An individual accused of sexual misconduct does not avoid or
mitigate responsibility because s/he was under the influence of alcohol or other drugs.

The college will take interim steps to protect a complainant and respondent while
the case is pending. Depending on the case and the complainant’s wishes, these steps
may include class moves, ordering a respondent to not have contact with the complainant,
excluding a respondent from parts of campus, or providing the an escort to accompany
the complainant on campus. Any adjustments made will be designed to minimize the burden
on the complainant’s educational program. Some of these actions may also be remedies
in those cases resulting in a finding of a policy violation.

Las Positas College has a policy which prohibits retaliation against any employee
or student who reports an incident of alleged sexual harassment or sexual violence,
or any employee or student who testifies, assists or participates in a proceeding,
investigation or hearing relating to these allegations. Respondents are informed of
this provision, and any retaliation should be reported immediately to the appropriate
Title IX Coordinator.

College employees must refer reports of sexual harassment, sexual violence, or other
gender-based harassment to the Title IX Coordinator. The only exception to the obligation
to report applies to employees working in the Student Health and Wellness Center.

For more information please contact:

Any person (student, faculty, staff, or guest) who believes that discriminatory practices
have been engaged in based upon gender may discuss their concerns and file informal
or formal complaints of possible violations of Title IX with the following: